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Not if you weren't aware it was locked to the network. Also there's a large used phone market.
I bought an 'unlocked' phone that as soon as I turned on showed it was locked to 3. Cue rapid return of handset and refund. The idiot in this case was the seller, though it could be argued buying phones off ebay is stupid too.
hippy
But if you bought a phone outright that was locked to a network, you would be a moron. No?